Jurisdiction(s):
United Kingdom

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Key definition

Condition definition

What does Condition mean? A condition is a contractual term that is fundamental to the bargain. Breach of a condition entitles the innocent party to terminate the contract (treat it as repudiated) and claim damages; breach of a warranty gives damages only. Whether a term is a condition is a matter of construction and context. Parties’ labels help but are not conclusive. Many conditions are implied by statute in sale of goods: the Sale of Goods Act 1979 (England & Wales and Scotland) and corresponding Northern Ireland legislation treat the implied terms as to title, description, satisfactory quality and fitness as conditions, with a...

Special Conditions amending IChemE Red Book (2013) Lump Sum Contract: design responsibility, site risk, security and warranties, insurance, payment and adjudication, CDM/Dutyholder compliance (England and Wales)

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Precedents

Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions

The General Conditions in the IChemE Red Book, fifth edition (2013) shall apply as altered below:

Agreement

Paragraph 8: remove ‘6.3’.
Paragraph 14: after ‘fax number’ include: ‘or email address’. Add ‘Email Address’ to the contact details for both the Purchaser and the Contractor.
Paragraph 16: delete the paragraph and replace with ‘Not used’.

1. Definitions, interpretation, waiver and Notices

Sub-clause 1.1

Within the definition of Cost, insert ‘, reasonably and necessarily’ immediately after ‘properly’.
Within the definition of Legislation, add at the end: (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any body of competent jurisdiction in respect of which the Contractor or Purchaser (as appropriate) has a legal obligation to comply, each as is in force from time to time).
Omit the definition of Notice of Arbitration...

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Web page updated on 22/05/2026

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